Damages in Fort Worth Wrongful Death Cases
Surviving family members could recover damages from the person or entity responsible for a fatal accident in a Fort Worth wrongful death claim. Generally, the surviving spouse, children, or parents of the deceased person may recover damages in a wrongful death case. The types of damages recovered depend on the relationship between the deceased and the survivors. The most common type include past and future loss of earning capacity, loss of care or support services, mental anguish, pain and suffering, medical bills, loss of consortium, and loss of inheritance.
Most people are not aware of what the differences in economic and non-economic damages are. Attorneys typically walk people through the differences and how they would play out in a potential settlement or jury verdict. As soon as possible, speak to an experienced attorney to learn about recoverable damages in Fort Worth wrongful death cases.
What Are Considered Damages Under Fort Worth Law?
Families should go about developing a list of the damages for a wrongful death claim by getting a wrongful death attorney. The general categories of damages are economic, non-economic, and punitive.
Economic damages are a dollar amount a person has lost, resulting from an accident. It is usually based on bills or records. It is usually concrete and fact-based. Examples would be medical fees, property repair, lost wages, and future economic losses.
Non-economic damages cover those damages that do not have an inherent dollar amount. These are harder to calculate since there is no corresponding bill or record that puts a price on the injury. These would include pain and suffering, emotional pain or anguish, loss of consortium, disfigurement or disability, and loss of enjoyment of life.
Punitive damages are legal recompense for the defendant found guilty of committing a wrong or offenses. They are ordered to pay on top of compensatory damages that are ordered by a court of law and not to compensate injured plaintiffs, but to punish defendants whose conduct is considered grossly negligent or intentional. It has hoped that making the perpetrator pass some stretching beyond compensatory damages would them and others from committing similar misdeeds in the future.
How are Future Lost Income Calculated
Future and lost incomes, as well as non-economic future damages, are calculated for these circumstances. The proper measure of damages recoverable in cases like this have been the subject of much litigation. There is no specific formula that would assure an adequate recovery in every case and at the same time prevent excessive jury verdicts. That is why it is essential to involve an experienced wrongful death attorney, so they could properly and zealously advocate for all damages that are due.
What Factors Play Into How Loss Of Future Income Is Calculated?
Certain factors play into how the loss of future income is calculated. It is up to the plaintiff’s attorney to calculate a reasonable amount of loss of future income and to seek this amount of recovery from the defendant. If a settlement is not reached, the judge or jury will determine the final amount. An experienced personal injury attorney is going to push for the most amount of loss of future income that they could possibly get for their client.
Damages Following the Wrongful Death Of a Minor
If a family is suing for the death of a minor in their wrongful death claim, it could affect the potential damages they could pursue. In a case like that, the parental pain and suffering are reasonably expected from the date of the accident. The death of a minor to the parents is going to result in much larger pain and suffering. In many cases, these damages as well as mental anguish and suffering of the surviving relatives are not ordinarily recoverable.
Where courts admit they are allowing recovery for parental grief caused by death, recoveries tend to be more realistic. They would prefer the recovery based on the direct pecuniary loss, which the parent could sufficiently prove, coupled with considerations of parental grief.
How a Wrongful Death Attorney Could Help
An experienced Forth Worth wrongful death lawyer could utilize a variety of skills and resources to advocate for the best possible compensation for you and your family. A seasoned attorney could quickly secure the evidence, obtain witness statements, take photographs, and collect all relevant evidence. The lawyer could also hire an economist after the initial evidence is obtained to calculate the financial loss the family would incur due to the death. Additionally, a skilled lawyer could assist with setting up the estate of the deceased to bring the estate’s claims and transferring the estate’s assets to the heirs of the estate. Call today to learn more about damages in Fort Worth wrongful death cases and how an attorney could help.